Case Note & Summary
The case involved appeals against a judgment of the High Court of Gujarat which held that the application for reference under Section 18 of the Land Acquisition Act was barred by limitation. The award was declared on January 17, 1982, but the claimants were not present during the award declaration and did not receive notice under Section 12(2) until July 1988 when they were paid compensation. They filed the reference application on September 22, 1988. The Assistant Judge found the application was within time, basing this on the claimants' knowledge of the award only in July 1988. The High Court reversed this finding, leading to the appeals. The Supreme Court analyzed the principles established in Raja Harish Chandra Raj Singh v. The Deputy Land Acquisition Officer, emphasizing that the limitation period should start from when the claimants had actual or constructive knowledge of the award. The Court noted that the High Court did not dispute the claimants' assertion regarding their lack of knowledge until July 1988. Consequently, the Supreme Court allowed the appeals, set aside the High Court's finding on limitation, and remitted the matter for a merits-based decision.
Headnote
A) Land Acquisition - Limitation Period - Reference Application - Land Acquisition Act, 1894, Section 18 - The High Court erred in holding the reference application barred by time as the appellants were not present when the award was made and had no notice under Section 12(2) of the Act. The limitation should be computed from the date of knowledge of the award, which was in July 1988, making the application filed on September 22, 1988 timely. Held that the appeals are allowed and the matter is remitted to the High Court for disposal on merit (Paras 1-4).
Issue of Consideration
Whether the application for making a reference under Section 18 of the Land Acquisition Act was barred by limitation.
Final Decision
The Supreme Court allowed the appeals, set aside the High Court's finding that the application for reference was barred by limitation, and remitted the matter for disposal on merit.
Law Points
- Limitation period
- Knowledge of award
- Reference application
- Land Acquisition Act
- 1894
- Section 18
